The Village Board of Trustees of the Village
of Ardsley hereby finds and declares it to be the public policy of
the Village of Ardsley to preserve its wetlands (including water bodies
and watercourses), its steep slopes and its trees, so as to protect
both the environment and the aesthetic character of the Village. The
following specific purposes and findings are related to each of these
areas of environmental concern:
A. Wetlands.
(1) Population growth has produced increasing demands
upon the Village's land and natural resources. The resulting development
is encroaching upon, despoiling, polluting and/or eliminating some
of the Village's wetlands, water bodies, watercourses and other natural
resources, including the natural processes associated therewith. The
Village Board finds that it is necessary to preserve, protect and
conserve Ardsley's wetlands, including water bodies and watercourses,
so as to prevent their despoliation and destruction, and to regulate
the use and development thereof. The preservation and maintenance
of such natural features in an undisturbed condition is important
for physical, ecological, social, aesthetic, recreational and economic
reasons related to promoting the health, safety and general welfare
of present and future residents of the Village, and of downstream
drainage areas. In particular, wetlands serve multiple functions,
including, but not limited to, the following:
(a)
Protecting water resources by providing sources
of surface water, recharging groundwater and aquifers, serving as
chemical and biological oxidation basins and functioning as settling
basins for naturally occurring sedimentation.
(b)
Controlling flooding and stormwater runoff by
storing or regulating natural flows.
(c)
Providing nesting, migratory and wintering habitats
for diverse wildlife species, including many on the New York State
and federal Endangered Species lists.
(d)
Supporting vegetative associations specifically
adapted for survival in low-oxygen environments.
(e)
Providing areas of unusually high plant productivity
which support significant wildlife diversity and abundance.
(f)
Providing breeding and spawning grounds, nursery
habitat and food for various species of fish.
(g)
Serving as nutrient traps for nitrogen and phosphorus
and filters for surface water pollutants.
(h)
Helping to maintain biospheric stability by
supporting particularly efficient photosynthesizers capable of producing
significant amounts of oxygen and supporting bacteria that process
excess nitrates and nitrogenous pollutants and return them to the
atmosphere as inert nitrogen gas.
(i)
Providing open space and visual relief from
development.
(j)
Serving as outdoor laboratories and living classrooms
for the study and appreciation of natural history, ecology and biology.
(2) Some of these important natural resources have been
lost or their function impaired by having been drained, dredged, filled,
excavated, built upon, or polluted or by other actions which are inconsistent
with their proper protection. Remaining wetlands, water bodies and
watercourses are in similar jeopardy. It is the intent of this article
to promote the public purposes identified in this section by providing
for the protection, preservation, proper maintenance and use of the
Village's wetlands, water bodies and watercourses; by preventing or
minimizing erosion caused by stormwater runoff and flooding; by maintaining
natural groundwater supplies; by preserving and protecting the purity,
utility, water retention capability, ecological functions, recreational
usefulness and natural beauty of all wetlands, water bodies, watercourses
and other related features of the terrain; and by providing and protecting
appropriate habitats for natural wildlife. The avoidance or minimization
of development on wetlands or wetland buffers will also require appropriate
adjustment of development density to achieve the stated purpose.
B. Steep slopes.
(1) Population growth and increased land values have resulted
in the development of steep slope areas which were once considered
to be unbuildable or prohibitively expensive to develop. The Village
Board hereby finds that it is necessary to preserve, protect and conserve
Ardsley's steep slope areas so as to prevent their unnecessary and
improper disturbance with the resultant impact which that may have
upon the public health, safety and general welfare. The preservation
of such areas in an undisturbed condition is important for physical,
ecological, social, aesthetic, recreational and economic reasons related
to promoting and protecting the health, safety and general welfare
of present and future residents of the Village and surrounding areas.
The Village Board finds that it is particularly important to preserve
steep slopes for the following reasons, among others:
(a)
The improperly managed disturbance of steep
slopes can cause erosion and sedimentation to occur at rates in excess
of those experienced under normal conditions. Erosion and sedimentation
often includes the loss of topsoil (a valuable natural resource),
and can result in the disturbance of natural habitats, the degradation
of the quality of surface water, the alteration of drainage patterns,
the gullying of land, the obstruction of drainage structures and the
intensification of flooding, both on and off the subject site.
(b)
The inadequately or uncontrolled disturbance
of steep slopes can lead to the failure of slopes and the mass movement
of earth which creates safety concerns for persons, wildlife and man-made
structures.
(c)
Sleep slopes, including vegetation and rock
outcroppings located thereon, contribute to the attractive visual
character of the Village and surrounding areas since such slopes are
more highly visible from roadways and neighboring properties than
are more level lands.
(2) Regulation of development on steep slopes can eliminate,
or at least minimize, the degradation of these important environmental
features while still allowing the reasonable use of private property.
This can be done by encouraging flexible development design which
seeks to avoid the disturbance of steep slopes or, where that is impractical,
requires that any such disturbance be conducted in accordance with
acceptable engineering practices. The avoidance or minimization of
development on steep slope areas will also require appropriate adjustment
of development density to achieve the stated purpose.
C. Trees. Population growth and changing lifestyles have
resulted in increasing demands for the clearance of trees to provide
space for various forms of human activity, including roadways, driveways,
parking areas, buildings, patios, decks, swimming pools, and other
such uses. The Village Board hereby finds that the preservation of
trees is necessary to protect the health, safety and general welfare
of the Village because trees provide shade, impede soil erosion, aid
water absorption and water retention in the soil, inhibit excess runoff
and flooding, enhance air quality, offer a natural barrier to noise
and glare, provide a natural habitat for wildlife, provide screening,
enhance property values and add to the general aesthetic quality of
Ardsley. In particular, trees benefit the community in the following
specific ways, among others:
(1) By providing shade and cooling the air, ground and
buildings.
(2) By reducing wind, thereby resulting in greater energy
efficiency for the heating of buildings during winter.
(3) By reducing noise levels and glare.
(4) By reducing soil erosion, especially on slopes.
(5) By reducing stormwater runoff and the possibility
of flooding.
(6) By balancing the oxygen in the air by removing carbon
dioxide.
(7) By reducing air, soil and water pollution.
(8) By providing habitat for wildlife.
(9) By buffering views of man-made structures, thereby
helping to maintain the attractive character of the Village.
(10)
By enhancing property values.
The regulations established in this section shall apply to any proposed regulated activity affecting wetlands, watercourses, water bodies, steep slopes and trees in the Village of Ardsley, as defined in §
200-2, for which a permit or other final development approval has not been issued prior to the effective date of these regulations.
A. Regulated activities. The following are regulated
activities with regard to the respective environmental features, as
set forth below:
(1) Wetlands, water bodies and watercourses. Within any wetland, water body or watercourse, and within a twenty-five-foot horizontal buffer area thereof, none of the following activities shall be permitted without a permit from the Village of Ardsley Planning Board pursuant to the standards, procedures and requirements of §
200-93C hereof:
(a)
The placement or construction of any structure.
(b)
Any form of draining, dredging, excavation or
removal of material, either directly or indirectly, including regrading.
(c)
Any form of dumping, filling or depositing of
material, either directly or indirectly, including regrading.
(d)
The installation of any service lines or cable
conduits.
(e)
The alteration or modification of natural drainage
patterns.
(f)
The construction of dams, docks or other water
control devices, pilings or bridges, whether or not they change the
natural drainage characteristics.
(g)
The installation of any pipes or wells.
(h)
The removal or cutting of any vegetation, except
as permitted by right below.
(i)
The deposition or introduction of chemicals,
including herbicides, pesticides and fertilizers, except in a wetlands
buffer area and in accordance with manufacturers' recommendations
and accepted horticultural practices.
(j)
Decorative landscaping or planting, except in
a wetlands buffer.
(k)
Any other activity that may impair the natural
functions of a wetland, water body or watercourse, as described herein.
(2) Steep slopes. Within any steep slope area, as defined herein, no disturbance of the land or any vegetation thereon, other than an activity permitted by right as set forth below, shall be permitted without a permit from the Village of Ardsley Planning Board pursuant to the standards, procedures and requirements of §
200-93C hereof.
B. Activities permitted by right. The following activities
are permitted by right with regard to the respective environmental
features, as set forth below:
(1) Wetlands, water bodies and watercourses. Within any
wetland, water body or watercourse, and within the twenty-five-foot
buffer area thereof, the following activities shall be permitted by
right:
(a)
The removal of the natural products of wetlands
by recreational or commercial fishing, shell fishing, aquiculture,
hunting or trapping, where otherwise legally permitted.
(b)
Outdoor recreational activity that does not
materially alter the natural state of the land or require construction,
including nature study, hiking, swimming, and boating, where otherwise
legally permitted.
(c)
Normal ground maintenance, including mowing,
trimming of vegetation and removal of dead or diseased vegetation,
except for the use of fertilizers, pesticides or herbicides in wetlands,
water bodies or watercourses.
(d)
The repair of existing driveways, walkways or
walls.
(e)
The operation and maintenance of such dams,
retaining walls, terraces, sluices, culverts or other water control
structures or devices as legally in existence on the effective date
of these regulations.
(f)
Selective trimming and pruning in previously
landscaped areas as necessary to improve the health or appearance
of vegetation within 50 feet of a residence in existence on the effective
date of these regulations.
(g)
Public health activities pursuant to any order
of the Westchester County Department of Health or the New York State
Department of Health.
(h)
Any emergency activity that is immediately necessary
for the protection and/or preservation of life or property.
(2) Steep slopes. Within any steep slope area, the following
activities shall be permitted by right:
(a)
Normal ground maintenance, including mowing,
trimming and pruning of vegetation, and removal or dead or diseased
vegetation, provided that such activity does not involve any regrading
or other disturbance of the land, and further provided that any such
activity conforms with all other applicable ordinances, laws and regulations.
(b)
The disturbance to steep slope areas under temporary
emergency conditions, as determined by the Village Building Inspector,
where such disturbance is necessary to protect persons or property
from present or imminent danger.
C. Standards, procedures and requirements.
(1) Approving authority. The approving authority for all
applications for wetland or steep slope permits shall be the Village
of Ardsley Planning Board.
(2) Application. All applications for wetland or steep
slope permits shall include at least the following information, unless
waived by the approving authority:
(a)
The name, address and signature of the property
owner and applicant, if different.
(b)
The street address and tax map designation of
the property.
(c)
A statement that both the property owner and
the applicant, if different, will indemnify and hold harmless the
Village of Ardsley and its representatives against any damage or injury
to any person or property in connection with the issuance of the requested
permit.
(d)
A written statement describing the proposed
work, the purpose thereof, and why such work cannot be done on a portion
of the property which would not impact, or would impact to a lesser
extent, any of the environmental features sought to be protected by
these regulations, i.e., wetlands, water bodies, watercourses, steep
slopes and frees.
(e)
A site plan, drawn at a scale of not less than
one inch equals 20 feet, prepared and sealed by a professional engineer,
landscape architect, architect, surveyor or other properly qualified
person, showing the following information, as appropriate:
[1]
Wetlands permit. A site plan submitted as part
of an application for disturbance of any wetland, water body, watercourse
or wetland buffer area shall contain at least the following information,
unless waived by the Planning Board:
[a] The location of all wetlands, watercourses,
water bodies and floodplains, including wetland buffer areas, as delineated
by a properly qualified individual no earlier than one year prior
to the date of filing the application. The boundaries of any such
area shall be flagged in the field and surveyed by a properly qualified
individual in a manner acceptable to the Planning Board.
[b] The delineation of all soil types
on the site.
[c] The specific location of the proposed
area of disturbance and the specifications and quantities of all material
proposed to be added or removed from the site, as well as the procedures
to be used to undertake such work.
[d] Existing and proposed contours
at a maximum vertical interval of two feet within the proposed disturbed
area and extending to a distance of at least 50 feet beyond such area.
[e] Details of any temporary or permanent
drainage system proposed both for the conduct of the work and after
completion thereof, including locations of any point discharges, artificial
inlets or other human-made conveyances that would discharge into any
wetland, watercourse, water body, floodplain or buffer area.
[f] Where creation of a water body
is proposed, details of the construction of any dams, embankments,
outlets or other water control devices and analysis of the wetlands
hydrologic system, including seasonal water fluctuation, inflow/outflow
calculations and subsurface soil, geology and groundwater conditions.
[g] Where creation of a detention basin
is proposed, with or without excavation, details of the construction
of any dam, berm, embankment, outlet or other water control devices
and an analysis of the wetlands hydrologic system, including seasonal
water fluctuation, inflow/outflow calculations and subsurface soil,
geology and groundwater conditions.
[h] An erosion and sedimentation control
plan.
[2]
Steep slope permit.
[a] A site plan submitted as part of
an application for disturbance of any steep slope shall contain at
least the following information, unless waived by the Planning Board:
[i] The location of all areas of existing
steep slope on the property.
[ii] Existing soils within the proposed
area of disturbance and extending at least 50 feet therefrom.
[iii] Existing topography within the
proposed area of disturbance and extending at least 50 feet therefrom,
including contours at a vertical interval of not more than two feet.
[iv] Proposed final contours of the
entire area to be disturbed and within a distance of 50 feet therefrom,
including proposed surface materials and/or other treatment.
[v] The details of any proposed surface
or subsurface drainage system to be installed, including any special
measures designed to provide for proper surface and/or subsurface
drainage, both during the performance of the work and after its completion.
[vi] An erosion and sedimentation control
plan.
[b] If the Planning Board determines
that the extent or nature of the proposed slope disturbance will be
extensive or that blasting may be involved, it may require such other
additional information, including reports by qualified professionals,
as may be determined necessary by said Board. This required additional
information may include, among other things, cross sections of all
proposed disturbed areas, depth to bedrock information, a cut and
fill analysis, a blasting plan, and other such technical studies or
in formation.
(3) Public hearing. After the Planning Board has determined
that an application for a wetland, watercourse, water body or steep
slope permit is complete, it shall schedule a public hearing with
not less than seven days' notice published in the official Village
newspaper and a copy of the notice mailed to all property owners of
record within a distance of 200 feet from the boundary of the subject
property. Such notice shall be mailed by certified mail, return receipt
requested. The mailing shall be the responsibility of the applicant.
At the public hearing, the applicant shall provide appropriate proof
of the mailing of such notices, including an affidavit of their mailing
and all returned receipts.
[Amended 11-21-2005 by L.L. No. 6-2005]
(4) Professional review fees. In addition to any application fees as required pursuant to Chapter
A210 of the Ardsley Village Code, the Planning Board, in reviewing any application pursuant to this section, may refer such application to any independent professional as said Board may deem reasonably necessary to properly advise it on technical matters relating to such application. The applicant shall be responsible for reimbursing the Village for the cost of such professional review upon submission of a copy of the voucher or, at the discretion of the Planning Board, by establishing an escrow account in advance of the consideration of the application and/or retention of the outside professional by the Planning Board. The payment of such fees shall be in addition to any and all other fees required by this chapter or any other Village law, ordinance or regulation.
D. Planning Board decision. Within a maximum of 30 days
from the date of the close of the public hearing, unless such time
period is extended with the consent of the applicant, the Planning
Board shall render a decision either to approve, approve with required
modifications or disapprove the permit application. Whatever decision
is made shall constitute a final determination of the Planning Board.
Aggrieved parties may seek relief pursuant to Article 78 of the Civil
Practice Laws and Rules of the State of New York. In arriving at its
decision, the Planning Board shall consider the following:
(1) The extent to which the proposed action, including
any mitigation which is offered, is consistent with the legislative
intent of the Village Board of the Village of Ardsley as set forth
in this Chapter and is necessary in order to make any minimally reasonable
use of the property, not the maximum use.
(2) All evidence offered at the public hearing.
(3) All reports submitted by any Village, county, state
or federal agency or by any expert retained by the Planning Board.
(4) All relevant facts and circumstances, including, but
not limited to, the following:
(a)
The environmental impact of the proposed action.
(b)
The suitability of the proposed action for the
area where it is proposed.
(c)
Alternatives to the proposed action which would
eliminate the need for the requested permit or would reduce the potential
impact of the requested action.
(d)
The nature and extent of any mitigation proposed
by the applicant.
(e)
Other mitigation which would serve to further
reduce any potential adverse environmental impacts, including a reduction
in the nature or scale of the proposed action.
(f)
The extent to which any economic or social benefits
of the proposed action may outweigh any potential adverse visual or
environmental impacts.
E. Term. Any permit issued pursuant to this section shall
be valid for a period not to exceed one year from the date of approval,
unless otherwise specified by the Planning Board. All permits shall
expire upon completion of the work specified therein.
F. Inspection. The property upon which the activity has
been approved shall be open to inspection at any reasonable time,
including weekends and holidays, by the Village Building Inspector
or other designated representative of the Planning Board. The applicant,
by having made application for such a permit, shall be deemed to have
given its consent to such inspection. A notice of violation or stop-work
order shall be issued if it is found that the applicant has not complied
with any of the conditions or limitations as set forth in the permit
or has exceeded the scope of the approved activity.
G. Continued conformance required. Continued conformance with all requirements as shown on an approved plan for the disturbance of a wetland or steep slope shall be deemed to be a condition for the continued maintenance of the certificate of occupancy for the affected property. Any violation of a condition of approval shall be subject to the imposition of penalties as set forth in Subsection
H below.
H. Penalties.
(1) Any person or corporation committing an offense against
any of the provisions of this chapter shall be guilty of a violation
and, upon conviction thereof, shall be subject to a fine not less
than $250 and not more than $2,000 for the first offense in a twenty-four-month
period, not less than $500 and not more than $2,000 for the second
offense in a twenty-four-month period, not less than $750 and not
more than $2,000 for the third offense in a twenty-four-month period,
and not less than $1,000 and not more than $2,000 for the fourth and
subsequent offenses in a twenty-four-month period, or to imprisonment
for a term not exceeding 15 days, or both. The twenty-four-month period
shall commence on the date of the initial violation. Every violation
of this article shall be a separate and distinct offense, and, in
the case of continued violation, every day's continuance thereof shall
be deemed to be a separate and distinct offense. A violation of this
article shall constitute disorderly conduct.
[Amended 10-18-2010 by L.L. No. 6-2010]
(2) In addition to the above penalties, the Village shall
not issue any building permit, certificate of occupancy or temporary
certificate of occupancy for any property for which a notice of violation
of these regulations has been served until said violation shall have
been resolved to the satisfaction of the approving authority or the
court, as appropriate.